Friday, March 09, 2007

DC Gun Ban Unconstitutional - Second Amendment Victory in Washington D.C.!!!!

UPDATE - My mistake. Griffith was GW Bush appointee. Henderson was GHWB appointee.

Big news out of the US Court of Appeals, D.C. Circuit. Drudge Report has the PDF file on it.

Thumbs up for the attorneys on a big victory. Alan Gura in arguements and Robert A. Levy and Clark M. Neily, III on the briefs.

The following AG's or their office Supported us. Let's remember that election time. Mike Cox in particular came through for gun owners once again.

Greg Abbott, Attorney General, Attorney General’s Office
of State of Texas, R. Ted Cruz, Solicitor General, Troy King,
Attorney General, Attorney General’s Office of State of
Alabama, Mike Beebe, Attorney General, Attorney General’s
Office of the State of Arkansas, John W. Suthers, Attorney
General, Attorney General’s Office of the State of Colorado,
Charles J. Crist, Jr., Attorney General, Attorney General’s
Office of the State of Florida, Thurbert E. Baker, Attorney
General, Attorney General’s Office of the State of Georgia,
Michael A. Cox, Attorney General, Attorney General’s Office of
the State of Michigan
, Mike Hatch, Attorney General, Attorney
General’s Office of the State of Minnesota, Jon Bruning,
Attorney General, Attorney General’s Office of the State of
Nebraska, Wayne Stenehjem, Attorney General, Attorney
General’s Office of the State of North Dakota, Jim Petro,
Attorney General, Attorney General’s Office of the State of
Ohio, Mark L. Shurtleff, Attorney General, Attorney General’s
Office of the State of Utah, and Patrick J. Crank, Attorney
General, Attorney General’s Office of the State of Wyoming,
were on the brief for amici curiae States of Texas, et. al. in
support of appellants.

Amicus briefs:
Second Amendment Foundation
Congress of Racial Equality
NRA
ACRU

For the other side:
Todd S. Kim, Solicitor General, Office of Attorney General
for the District of Columbia, argued the cause for appellees.
With him on the brief were Robert J. Spagnoletti, Attorney
General, Edward E. Schwab, Deputy Solicitor General, and Lutz
Alexander Prager, Assistant Attorney General.

Ernest McGill, pro se, was on the brief for amicus curiae
Ernest McGill in support of appellees.
Thomas F. Reilly, Attorney General, Attorney General’s
Office of Commonwealth of Massachusetts, Glenn S. Kaplan,
Assistant Attorney General, Lawrence G. Walden, Attorney
General, Attorney General’s Office of the State of Idaho, J.
Joseph Curran, Jr., Attorney General, Attorney General’s Office
of the State of Maryland, Zulima V. Farber, Attorney General,
Attorney General’s Office of the State of New Jersey, were on
the brief for amici curiae Commonwealth of Massachusetts, et
al. in support of appellees. John Hogrogian, Attorney,
Corporation Counsel's Office of City of New York, and Benna
R. Solomon, Attorney, Corporation Counsel of the City of
Chicago, entered appearances.
Andrew L. Frey, David M. Gossett, Danny Y. Chou, Deputy
City Attorney, Office of the City Attorney of the City and
County of San Francisco, and John A. Valentine, were on the
brief for amici curiae The Brady Center to Prevent Gun
Violence, et al. in support of appellees. Eric J. Mogilnicki
entered an appearance.


I have one question. How the hell can the AG for IDAHO argue for the DC gun ban. I hope 2a groups remember him and help the voters send him home for his opposition to freedom.

UPDATE - I found that Idaho's AG withdrew their brief awhile back.

Judges Laurence Silberman wrote the court's opinion, joined by Judge Thomas Griffith. The decision was from the "Individual Rights" model of the 2nd Amendment. It is a very well written opinion, throughly backed up with facts, original intent, and case law precident. Judge Karen Henderson dissented on two grouds, the "Collective Right" model and on the fact DC is not a state. Judge Silberman was a Reagan appointee. Judge Griffith was a George W Bush nominee. Judge Henderson was a George HW Bush appointee.

SILBERMAN, Senior Circuit Judge: Appellants contest the
district court’s dismissal of their complaint alleging that the
District of Columbia’s gun control laws violate their Second
Amendment rights. The court held that the Second Amendment
(“A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall
not be infringed”) does not bestow any rights on individuals
except, perhaps, when an individual serves in an organized
militia such as today’s National Guard. We reverse.


This case may soon go to the Supreme Court, or it could be heard by a full panel of the DC Circuit. It is far from over, but it is a good step forward for freedom.

1 comment:

Keith Richards said...

The purpose of the Bill of Rights was to protect the rights of citizens, not of states. This is well documented by the founding fathers. It is good to see our courts moving back to original intent.